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Secure Your Assets with a Skilled Wills Lawyer

A Will is a written legal document in which the Testator (the person making the Will) sets out how they wish to distribute their assets and property after their death. By working closely with a Wills lawyer, we assist you by providing advice that guides you to ensure that your belongings are gifted to the appropriate people.

What Goes into Drafting a Will?

It is important to have your affairs in order before your death.  Our Wills and Estates lawyers guide you every step of the way when making these important decisions.

When drafting a Will, the Testator must appoint one or more persons as Executor(s) in their Will. The Executor is responsible for following the Testator’s wishes in relation to the distribution of their Estate to the Testator’s Beneficiaries.

 A valid Will has several legal requirements, including that it must be in writing, and the Testator must sign it in the presence of two witnesses who are not beneficiaries under the Will. It is also essential that the Testator has the legal capacity – that is, they fully understand they are making a Will and its consequences. 

We can also assist with the creation of an Enduring Power of Attorney (EPA). An (EPA) is a legal document that gives a trusted person (or persons) power to act for you and make legally binding decisions on your behalf, generally when you do not have the capacity. 

EPAs are important because, in the case of an accident or illness that causes loss of capacity (your ability to fully understand the nature and consequences of the document you are signing), a trusted person (or persons) can manage your affairs, including your day-to-day personal care, health matters, property matters and financial matters. 

What To Expect When Working with Our Wills Lawyer in Canberra

Drafting a Will can be a minefield, fraught with pitfalls. As a Will is a legal document, its wording can have unintended consequences if it is ambiguous or otherwise open to legal challenge. Therefore, it is wise to seek legal help to draft your Will to ensure your wishes are clear and will be understood and implemented. 

Our Wills and EPAs carry a fixed fee for a simple Will and EPA – currently $880 (inclusive of GST) for each Will and $880 (inclusive of GST) for each EPA. If you wish to have a Will and EPA drafted concurrently, we will charge $1,320 (including GST). If your circumstances and requirements are more complex additional charges may apply. Our Canberra based Wills and Estates lawyer will take you through the following process:

  • Initial interview. We ask you to come for an initial comprehensive appointment that may last approximately 60 to 90 minutes. During this meeting, we discuss your wishes and how the law might apply. We take extensive notes, including evidence of your capacity. We may ask you to obtain and send through further information for us – for example, a copy of the Title of your house, addresses or names. 
  • Letter of advice and production of draft Will/EPA. We shall send you a detailed relevant review of our meeting, along with a draft of your Will and/or EPA that we have prepared per your wishes. We invite you to correct or modify any information in your Will and/or EPA. 
  • Execution of document. Once you are fully satisfied with your Will and/or EPA, we ask you to make a further appointment at our office, where we will ensure you fully understand your documents and help you execute (sign) your documents. 

Lander & Co has professional Wills solicitors who have your best interests in mind and will work with you to ensure that your wishes are implemented as fully as possible.

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